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TOMAC v. Norton

Citation: 35 ELR 20063
No. No. 01-0398, (D.D.C., 03/24/2005)

A district court held that the Bureau of Indian Affairs' (BIA's) supplemental environmental assessment (EA) and revised finding of no significant impact (FONSI) for a proposed casino on Native American land held in trust by the United States complied with the National Environmental Policy Act (NEPA). The EA and FONSI adequately considered secondary impacts from growth and development associated with the casino. The BIA's reliance upon air quality standards in effect at the time of analysis was not unreasonable, and FONSI is not arbitrary and capricious as to water and sewer impacts. In addition, the BIA properly considered the casino's cumulative impacts. And the BIA complied with NEPA's public participation regulations, which only require the EA and FONSI to be submitted for public review, not public comment.